Can my brother inherit what was left to him by his biological father? 22 Answers as of March 24, 2014

My brother was adopted by my father. He is from my mom's first marriage. His father terminated his rights. We were just contacted that his father died 4 years ago. My brother was included in his will. Can my brother inherit what was left to him?

If your brother is named specifically in his birth father's will, yes, he will receive whatever was left to him. If the will just leaves property to decedent's children, then the answer is no, because your brother is no longer legally considered decedent's child.

Yes. A person can leave assets in their Will to anyone they want, whether they are related or not. If the Will is valid, your brother is entitled to his inheritance. There may be additional facts in your case that affect your brother's rights, however, so he should consult with a probate attorney.

Yes, your brother will inherent because he was named as a beneficiary in his biological father's will. When a child is adopted, it cuts off the legal relationship to the biological parent. But if he is named as a beneficiary in the will, it doesn't matter that they no longer have a legal parent-child relationship.

If your brother was included in his biological father's will he would be able to take his share of the estate if that will did not specifically exclude him or exclude "children adopted out." If there was no will, however, your brother could not inherit because the adoption procedure would change his "family line." In other words, the bloodline of the family that adopted him would replace the bloodline he was born into in the biological sense.

Your brother no longer has the right to inherit as a descendant. The adoption removes the right to claim an inheritance as a son once the adoption process is complete, provided the natural parent did not die before the adoption. There are special rules if the adopting parent is a descendant of the natural parent. However, the natural father can make a bequest to anyone under a Will, including your brother. If your brother was named in his biological father's Will then he could claim his share of the estate as granted by the terms of the Will.

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